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2006 Supreme(SC) 110

ARIJIT PASAYAT, S.H.KAPADIA
Kastha Niwarak G. S. S. Maryadit, Indore – Appellant
Versus
President, Indore Development Authority – Respondent


Judgment

Arijit Pasayat, J.—Leave granted.

2. Challenge in this appeal is to the judgment rendered by a Division Bench of the Madhya Pradesh High Court in a Letters Patent Appeal upholding the view of the learned Single Judge that appellant is not entitled to benefits flowing from Resolution No. 9 dated 31.1.1986 of the respondent.

3. The factual background in a nutshell is as follows:

The Indore Development Authority (hereinafter referred to as the ‘Authority’) adopted certain guidelines allowing the Housing Co-operative Societies to utilize the land owned by them by making plots for construction of houses for the benefit of their members. The relevant guidelines contained in the Circular dated 31.1.1986 are as follows:

“(1) Only those societies shall be taken into consideration which have got themselves registered as per the law by purchasing the land prior to the publication of the Declaration of Section 50(2) of the Authority in respect of the scheme.

(2) Those societies will also be taken into consideration which have got themselves registered after the publication of the Declaration of Section 50(2) but the application was moved by them before the Competent Authority for obtaining








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